Bill Text: TX HB2083 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the transfer of civil cases by the judicial panel on multidistrict litigation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-15 - Committee report sent to Calendars [HB2083 Detail]

Download: Texas-2019-HB2083-Introduced.html
  86R11738 YDB-F
 
  By: Smithee H.B. No. 2083
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the transfer of civil cases by the judicial panel on
  multidistrict litigation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 74.162, Government Code, is amended to
  read as follows:
         Sec. 74.162.  TRANSFER OF CASES BY PANEL. Subject to Section
  74.1625 and notwithstanding [Notwithstanding] any other law [to the
  contrary], the judicial panel on multidistrict litigation may
  transfer civil actions involving one or more common questions of
  fact pending in the same or different constitutional courts, county
  courts at law, probate courts, or district courts to any district
  court for consolidated or coordinated pretrial proceedings,
  including summary judgment or other dispositive motions, but not
  for trial on the merits. A transfer may be made by the judicial
  panel on multidistrict litigation on its determination that the
  transfer will:
               (1)  be for the convenience of the parties and
  witnesses; and
               (2)  promote the just and efficient conduct of the
  actions.
         SECTION 2.  Subchapter H, Chapter 74, Government Code, is
  amended by adding Section 74.1625 to read as follows:
         Sec. 74.1625.  PROHIBITED TRANSFER OF CASES.
  (a)  Notwithstanding any other law, the judicial panel on
  multidistrict  litigation may not transfer:
               (1)  an action brought under Subchapter E, Chapter 17,
  Business & Commerce Code, except an action specifically authorized
  by Section 17.50 of that code; or
               (2)  an action brought under Chapter 36, Human
  Resources Code.
         (b)  Notwithstanding Section 22.004, the supreme court may
  not amend or adopt rules in conflict with this section.
         SECTION 3.  The changes in law made by this Act apply to an
  action commenced on or after the effective date of this Act, or
  pending on that date, and for which the trial, or any new trial or
  retrial following  a motion, appeal, or otherwise, begins on or
  after that date.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2019.
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